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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.****
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL
CIRCUIT IN AND FOR BROWARD COUNTY. FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. CACE22014275
WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS
INDIVIDUAL CAPACITY BUT SOLELY AS OWNER
TRUSTEE OF CSMC 2018-SP3 TRUST,
Plaintiff,
VS.
THE UNKNOWN HEIRS, BENEFICIARIES, DEVISEES,
GRANTEES, ASSIGNEES, LIENORS, CREDITORS,
TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN
INTEREST IN THE ESTATE OF CHARLES S.
DECEASED, et al.
OR[FFIN, EBAE-3\
Defendant(s). ? OCT 252023
y
By
NOTICE OF FILING
OnthisZ.Hday oi OO+0/ZCR 2023, Plaintiff, by and through its undersigned
attorney hereby files:
Original Note
Original Mortgage
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Serv.iceTffflmailfras.com
n Jamie EpsAp, Esquire MamiSadfEsi
?
92531
%9%44*I-t69][ jepstein@raslg.com
No.
Communicdtion Email:
1111111111111111111111111111111111111
PAGE 1
22-014367
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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.****
SERVICE LIST
TONIE M. GRIFFIN
1851 NW 36TH AVE
FORT LAUDERDALE, FL 333114108
GILBERT GRIFFIN, AS NOMINATED PERSONAL REPRESENTATIVE IN THE ESTATE
OF CHARLES GRIFFIN, DECEASED
2511 NW 5TH ST
POMPANO BEACH, FL 33069
GILBERT GRIFFIN
2511 NW 5TH ST
POMPANO BEACH, FL 33069
GEORGE ALONSO GRIFFITH SR.
771 NW 22ND ROAD
FORT LAUDERDALE, FL 33311
SUSAN CHAPMAN
2060 NW 48
TERRACE, APT 104
LAUDERHILL, FL 33313
PAGE 2
22-014367
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577016082
ISMIN 1000153-05770160822
ADJUSTABLE RATE NOTE
(1 Year Payment Option / 1 Month MTA Index / Monthly Adjustable Rate ARM)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST
RATE AND MY MONTHLY PAYMENT. INCREASES AND DECREASES TO MY
MONTHLY PAYMENT AND MY INTEREST RATE ARE LIMITED. THE PRINCIPAL
AMOUNT TO REPAY COULD BE GREATER THAN THE AMOUNT ORIGINALLY
BORROWED, BUT NOT MORE THAN THE LIMIT STATED IN THIS NOTE. A BALLOON
PAYMENT MAY BE DUE AT MATURITY.
August 15, 2007 Ft. Lauderdale Florida
[Date] [City] [State]
1701 6TH AVENUE, NW, FORT LAUDERDALE, FL 33311-4803
[Property Address]
1. BORROWER' S PROMISE TO PAY
In return for a loan that I have received, I promise to pay Two Hundred Seventy Seven Thousand
Five Hundred and 00/100 Dollars (U.S.$277,500.00)
plus any amounts added in accordancewith Sections 3 (C) and 3 (F) of this Note (this amount is called
"Principal"),plus interest, to the order of the Lender. The Lender is Chevy Chase Bank,F.S.B.
I understandthat the Lender may transfer this Note. The Lender or anyone who takes this Note
by Transferand
who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
(A) Interest Rate
Interest will be charged on unpaid principal, including any deferred interest added to the unpaid principal
(as described in Section 3 (C) below), until the full amount of principal has been paid. Until the first Interest
Rate Change Date (as defined in Section 2 (B) below), I will pay interest at the yearly rate of 8.500%.
The interest rate I will pay may change monthly.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described
in Section 8 (B) of this Note.
(B) Interest Rate Change Dates
The interest rate I will pay may change on the first
day of October, 2007 and on that ,
day every month thereafter. Each date on which my interest rate could change is called an "Interest Rate Change
Date." The new rate of interest will become effective on each Interest Rate Change Date.
(C) Interest Rate Limits
My interest rate will never be greater than 11.900% My interest rate will never be less than
the Margin as set forth in Section 2 (E) below.
(D) The Index
Beginning withthe first Interest Rate Change Date, my interest rate will be based on an Index. The
"Index" is a Twelve Month Average of the monthly yields ("Monthly Average Yields") on United States
Treasury securities adjusted to a constant maturity of one year ("MTA"), as made available by the Board of
Governors of the Federal Reserve System in the Federal Reserve Statistical release NO. H. 15 entitled "Selected
Interest Rates." The Twelve Month Average is determined by adding together the Monthly Average Yields for
the preceding twelve months most recently available as of the date 15 days prior to the Interest Rate Change
Date, and dividing the result by twelve. The most recent Index figure available as of the date 15 days before
each Interest Rate Change Date is called the "Current Index."
If the Index or any Index previously substituted under this Section 2 (D) is no longer available, or is
otherwise unpublished,the Note Holder may choose a new Index and a new Margin to result in a rate similar to
the rate in effect at that time which is based upon comparable information. The Note Holder will give me notice
of the choice.
CG.
MTACFFL (115) Rev. 3/19/07
Page 1 of 5
15791965
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577016082
MIN 1000153-05;4682-2
(IE) Calculation of Interest Rate Changes
Before each Interest Rate Change Date, the Note Holder will calculate my new interest rate by adding
Three and 500/1000 percentage points ( 3.500% ) (the "Margin") to the Current Index.
The Note Holder will then round the result of this addition to the nearest
one-eighth of one percentage point
(0.125%). Subject to the interest rate limits stated in Section 2 (C) above, the rounded amount will be my new
interest rate (the "Fully Indexed Rate") until the next Interest Rate Change Date.
3. PAYMENTS
(A) Time and Place of Payments
I will make my monthly payments, as described in Sections 3 (B) through 3 (F) below, on the first day of
each month, but no sooner than thirty (30) days before each payment's due date, beginning on October 1,
2007 . I will make these payments every month until I have paid all of the principal and
interest and any other charges describedbelow that I may owe under this Note. My monthly payments will be
applied to interest before principal. If, on September 1, 2047 I still owe amounts
,
under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make
mymonthly payments at P.O. Box 17000, Baltimore, MD 21297-1000 orat a
different place if required by the Note Holder.
(B) Minimum Payment
As of the date of this Note, my initial required "Minimum Payment" is $ 769.15.
Unless the maximum principal balance is reached as set forth in Section 3 (F) because of deferred interest, this
amount will remain the same for the first 12 monthly payments due under this Note. Thereafter,
my Minimum
is
Payment subject change
to as described in detail below. Notwithstanding the payment options set forth in
Section 3 (E) below, I must make at least the Minimum Payment each month. My initial required Minimum
Payment was calculated to equal an amount that would have been sufficient to repay the unpaid principal I owe
in full on the Maturity Date in substantially equal payments using a minimum payment rate of 1.500%
in lieu of the actual interest rate. This minimum payment rate is not the amount of interest that will be
charged
on my loan, but rather was used
solely for calculatingthe initial required Minimum Payment.
(C) to My Unpaid Principal
My initial and future required Minimum Payments may be less than the amount of the interest charged
during that month. If I choose to make only the Minimum Payment when that amount is less than the interest
due, the Note Holder will subtract the amount of my payment from the amount of the interest due and will add
the difference to my unpaid principal. This difference is known as "DeferredInterest." The Note Holder also
will charge interest each month on any Deferred Interest that continuesto be part of my unpaid principal
balance. The interest rate on the DeferredInterest added to
principal will be the rate set forth in Section 2 of this
Note.
(D) Payment Changes
My Minimum Payment will change under the following circumstances:
(i) Payment Change Dates.
My monthly Minimum Payment may change on the first day of October, 2008 and on that
,
same day every 12th month thereafter. Each of these dates is called a Date." Before each
"Payment Change
Payment Change Date, the Note Holder will calculate the amount of the monthly payment that would be
sufficient to repay my unpaid principal in full on the Maturity Date in substantially equal installments at my new
interest rate calculated pursuant to Section 2 (E) above. My new monthly Minimum Payment will be set equal to
the recalculatedamount except that my new Minimum Payment will not be more than 7.500 percent greater or
less than the amount of the last monthly payment that was due before the applicable Payment Change Date.
(ii) Adjustment Dates.
Notwithstanding Section 3 (D) 0) above, on the 10th Payment Change Date and on each 5th Payment
Change Date thereafter, my Minimum Payment will be adjusted as explained above, except that the described
7.500 percent limitationwill not apply.
(iii) Other Changes.
My monthly payment may also change as described in Section (F) below.
MTACFFL (115 )
15791965
Rev. 3/19/07
Page 2 of 5 CG
Forman, CLERK. 10/25/2023
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577016082
MIN 1000153-057616082-2
(IE) Payment Options
Additional payment options, such as: 0)
fully-amortizing payment (i.e., a payment that would be
a
sufficient to repay the unpaid principal balance in full on the
Maturity Date in substantiallyequal installmentsat
the current Fully Indexed Rate); oi) an interest-only payment o.e., a payment equal to the interestaccrued on the
principal balance at the Fully Indexed Rate) ; and, oii) a 15-year amortization option, may, at the Note Holder's
discretion, be shown on my monthly statement. These payment options are shown for my convenienceand may
change each month based on changes in the Index (as described in Section 2 (D) of this Note) and changes in
the amount of my principal balance. Although none of these optional payments is required, a timely payment
made in accordance with any payment option shown on my monthly statement will be deemed to be in
compliancewith the terms of this Note. In all events, a payment option offered on my monthly statement will
never be less than
my Minimum Payment.
(F) Payment Limitations
In all events, my unpaid principal balance can never exceed a maximum of 115
percent of the principal
amount I originallyborrowed (the "Maximum Amount"). If, based upon the that I will continue to
assumption
make my current Minimum Payment, the Note Holder determines that making my current Minimum Payment
will my unpaid principal balance to exceed the Maximum Amount, then the Note Holder may calculate a
cause
new
monthly Minimum Payment to prevent my principal balance from doing this. Thereafter, until otherwise
changed in accordance with the terms of this Note, my new monthly Minimum Payment will be a
fully-amortizingpayment calculated in accordance with Section 3(E)(i).
4. NOTICE OF CHANGES
The Note Holder will deliver or mail to me a notice of
any changes in the amount of my Minimum
Payment before the effective date of any change. The notice will contain the interest rate or rates applicable to
my loan for each month since the prior notice or, for the first notice, since the date of this Note, and the
payment amount applicable to the loan. The notice will also include informationrequired by law to be given to
me, and also the title and telephone number of a person who will answer any question I may have regarding the
notice.
5. FAILURE TO MAKE ADJUSTMENTS
If for any reason Note Holder fails to make adjustment to the interest rate
an or
payment amount as
described in this Note, regardless of any notice requirement, I agree that Note Holder
may, after discovery of
such failure, make the adjustment as if it had been made on time. I also not to hold Note Holder
agree
responsible for any damages to me which may result from Note Holder's failure to make the adjustment and to
let the Note Holder, at its option, apply any excess monies which I may have paid to partial Prepayment of
unpaid principal.
6. BORROWER' S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal
only is known as a"Prepayment." When I make a Prepayment,I will tell the Note Holder in writing that I am
doing so. I may not designatea payment as a Prepayment if I have not made all the monthly payments due
under this Note. Unless otherwise stated in a Prepayment Penalty Addendum included in my loan documents, I
may make a full Prepayment or partial Prepayments, without paying any Prepayment charge. The Note Holder
will use all of my Prepayments to reduce the amount of principal that I owe under this Note. However, the Note
Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, other amounts
due and applicable fees before applying my Prepayment to reduce the principal that I owe under this Note. A
partial Prepayment will not result in a change in the due dates of my monthly payments.
7. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges (the "Maximum Rate"), is finally
interpreted so that the interest or other loan charges collected or to be collected in connection with this loan
exceed the permitted limits, then, as my sole remedy (i) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me that exceeded
MTACFFL (115 )
15791965
Rev. 3/19/07
Page 3 of 5
CG
TG
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577016082
MIN 1000153-05770160822
permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the
reduction will be treated as a partial Prepayment.
8. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of fifteen (15)
calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the late charge
will be five percent (5%) of my overdue payment. I will pay this late charge promptly but only once on each
late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice
telling me that if I do not pay the
overdue amount by a certain date, the Note Holder may require me to pay
immediately the full amount of
principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30
days after the date on which the notice is delivered or mailed to me.
(D) No Waiver by Note Holder
Even if, at a time when Iin default, the Note Holder does not require me to pay immediately in full
am
as described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder hasrequired me to pay immediatelyin full as described above, the Note Holder will
have theright to be paid back
by me for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees.
9. GIVING OF NOTICES
Unless
applicable law requires a different method, any notice that must be given to me under this Note
will be given by delivering it or by mailing it by first class mail to me at the Property Address above, or at a
different address if I give the Note Holder a notice in writing of my different address. Any notice that must be
given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at
the address stated in Section 3 (A) of this Note or at a different address if I am given a notice of that different
address.
10. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than
one person signs this Note, each person is fully and personally
obligated to keep all of the
promises made in this Note, including the promise pay the
to full amount owed. Any person who is a
guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over
these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to
keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against
each person individually or against all of us together. This means that any one of us may be required to pay
all of the amounts owed under this Note.
11. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due.
"Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts
due have not been paid.
12. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage,Deed of Trust or SecurityDeed (the
"Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that
MTACFFL (115 ) Rev. 3/19/07
Page 4 of 5 CG
15791965
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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.****
577016082
.MIN 1000153-05770160822
mikht result if I do not keep the promises that I make in this Note. That Security Instrument describes how and
underwhat conditions I may be required to make immediate payment in full of all amounts I owe under this Note.
Some of these conditions are described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the
Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or
transferred and Borrower is not a natural person) without Lender's
prior written consent, Lender may,
at its option, require immediate payment in full of all sums secured
by the Security Instrument.
However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the
date of the Security Instrument. Lender shall also not exercise this option if: (a) Borrower causes to
be submitted to Lender information required by Lender to evaluate the intended transferee as if a new
loan were being made to the transferee; and (b) Lender reasonably determines that Lender's
security
will not be impaired by the loan assumption and that the risk of a breach of any covenant or
agreement in the Security Instrument is acceptableto Lender.
To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to
Lender's consent to the loan assumption. Lender may also require the transfereeto sign an
that is acceptable to Lender and that obligatesthe transferee to keep all the
promises and agreements made in the Note and in the Security Instrument. Borrowerwill continue to
be obligated under the Note and Security Instrumentunless Lender releases Borrower in
writing. If
Lender exercises the option to require immediate payment in full, Lender shall Borrower
give notice
of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is
delivered or mailed within which Borrower must pay all sums secured by the
Security Instrument. If
the Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke
any
remediespermitted by the SecurityInstrumentwithout further notice or demand on Borrower.
13. DOCUMENTARY TAX
The state documentary tax due on this note has been paid on the mortgage securing this indebtedness.
Witness the Hand(s) and Seal(s) of the Undersigned.
CHARLES GRIFFIN
R-E-7
Date
+ZML
TONIE GRIFFIN
CHwll, 8-is-7
Date
Date Date
**THIS LOAN IS SUBJECT TO A PREPAYMENT PENALTY. SEE ATTACHED PREPAYMENT
PENALTY ADDENDUM TO NOTE**
MTACFFL (115) Rev. 3/19/07
Page 5 of 5
15791965
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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.****
. 3 YEAR PREPAYMENT PENALTY
ADDENDUM TO NOTE
This Addendum is attached to and made part of that Note (the "Note") dated August 15, 2007 by and
between CHARLES GRIFFIN and TONIE GRIFFIN ("Borrower(s)"), and
Chevy Chase Bank, F.S.B. ("Lender" or "Note Holder"). To the extent that this Addendum
conflicts with the Note, this Addendum shall control. Unless specifically defined otherwise, all capitalized terms
shall have the meanings set forth in the Note.
1. The paragraph of the Note entitled "Borrower's Right to Prepay," is hereby deleted and replaced with the
following:
BORROWER'S RIGHT TO PREPAY
(A) Prepayment
I have the
right to make payments of principal at any time before they are due. A "prepayment" is a
payment of principal before it is due.
(B) Partial or Full Prepayments
I may make partial prepayments or a full prepayment. If the loan permits less than a
fully-amortizing
payment, a "partial prepayment" is any amount paid in a month that is greater than the interest due in
such month. Otherwise, a "partial prepayment" is any amount paid in a month that is
greater than the
monthly payment due in such month. A "full prepayment" is a payment of the entire unpaid principal
balance.
(C) Prepayment Penalty
During the first three (3) years of the loan term, if I make a full or partial prepayment, I will
pay a
prepayment penalty according to the schedule below if the total of all prepayments I have made during
any 12-month period exceeds 20% of the original loan amount set forth in lhe Note (the "20%
Threshold"). The prepayment penalty will apply only to that portion of the total of all such
prepayment amounts that exceed the 20% Threshold.
(D) Prepayment Penalty Schedule
The prepayment penalty shall be an amount equal to six (6) months' advance interest on the amount
prepaid in of
excess the 20% Threshold. The interest rate applied to the prepayment shall be the
interest rate in effect for the Note on the date of such prepayment. This prepayment penalty shall be
in effect for the First Three Loan Years (lst month through 36th month).
(IE) Notice
When I make a full or partial prepayment, I will tell the Note Holder in writing that I am doing so. I
may not designate a payment as a prepayment if I have not made all the monthly payments due under
this Note.
(F) Effect of a Partial Prepayment
The Note Holder will use
my prepayments to reduce my unpaid principal balance after deducting any
prepayment penalty assessed, any applicable fees and amounts past due, and any accrued and unpaid
interest. If I make a partial prepayment, there will be no change in my monthly payment due date.
2. Other than expressly set forth in this Addendum, the Note remains in full force and effect,
as
according to its
terms.
/*Mffjr<12.----t-
CHARLES GRIFFIN
8-BOT
Date
IEZZEC.
TONIE GRIFFIN
dJR4/hi 815/07 Ddte
Date Date
D PPADD80%6mos3YR revised 7/3/06
15791968
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.****
Servicer Number 0023005044
Loan Number: 419083492
ALLONGE TO NOTE
Original Loan Amount: $277,500.00
Note Date: 08/15/2007
Borrower(s): CHARLES GRIFFIN AND TONIE GRIFFIN
Property Address: 1701 6TH AVENUE NW
FORT LAUDERDALE,FL 33311-4803
PAY TO THE ORDER OF
WITHOUT RECOURSE
CAPITAL ONE, N.A. AS SUCCESSOR IN INTEREST BY MERGER TO CHEVY CHASE BANK, F.S.B.
LkLL Rletuh
Authorized Signer
Susan Schotsch
VICE PRESIDENT
CS001 404334433 DOCR T011811-05:01:05 [PREP-0] ALLONGE
1111111111111111111111111111111111111111111111111111111
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/202§ 4:30:00 PM.****
'Ii,
\. Return To:
INSTR.# 15%221,
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Document Control Dept.
/ IXNSTXRK#
'7501 Wisconsin Avenue
Bethesda, MD 20814 OR.BKR-,,3YOCBOOM.
RBRCQORADRED-D'7OJ
MISSION
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This document was prepared by:
-MA
SP
Diana Aviles, Loan Closer
Chevy Chase Bank, F.S.B.
7501 Wisconsin Avenue
Bethesda, MD 20814
[Space Above This Line For Recording Data]
MORTGAGE
MIN
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated August 15, 2007
together with all Riders to this document.
(B) "Borrower" is CHARLES GRIFFIN AND TONIE GRIFFIN, HUSBAND AND WIFE
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee
under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is Chevy Chase Bank, F.S.B.
FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Fonn 3010 1/01
?-@
-6A(FL) (0005).02
C.G.
1 li li I l I l l
Page 1 of 16 Initials:
VMP Mortgage Solutions,Inc.
T.G
15791969 577016082
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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.****
r
Lender is a federally chartered savings bank
organized and existing under the laws of the United States of America
Lender's address is 7501 Wisconsin Avenue, Bethesda, MD 20814
(E) "Note" means the promissory note signed by Borrower and dated August 15, 2007
The Note states that Borrower owes Lender Two Hundred Seventy Seven Thousand Five
Hundred and 00/100 Dollars
(U.S. $ 277,500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than September 1, 2047
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
"
Property.
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
X
Adjustable Rate Rider Condominium Rider Second Home Rider
Balloon Rider Planned Unit Development Rider 1-4 Family Rider
VA Rider Biweekly Payment Rider Other(s) [specify]
(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealablejudicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that imposed on Borrower
are or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "MiscellaneousProceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: O)
damage to, or destruction of, the Property; Oi) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
Initials: C.G.
0-6A(FU Form 3010 1/01
(0005).02 Page 2 of 16
rS
15791969 577016082
MIN
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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.****
(P) "RESPA" the Eeal Estate Settlemenrocedures Act (12 U.S.C. Section 2601 et seq.) and its
means
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended froin time to
tim,, o[ any additional or su@e-s-sor legislation or-regulation that governs the-same subject matter. As used
in this-SecurityInstrument, "RESPA" -refers tp all re-quirements and restrictions that afe imposed in regard
to a."fedfralltrejated mortgage loan" even if the Ldan does not qualify as a "federally rlated mortgage
loan" under RESPA.
(Q) "Successor in Interest-of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note ancFor this Security Instrunient.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and
assigns of MERS, the following described property located in the County [Type of Recording Jurisdiction]
of Broward [Name of RecordingJurisdiction]:
LOT 12, BLOCK 4, PROGRESSO, ACCORDING TO THE MAP OR PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, PAGE 18, OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA.
SUBJECT TO COVENANTS OF RECORD.
Parcel ID Number: which currently has the address of
1701 6TH AVENUE, NW [Street]
FORT LAUDERDALE [City], Florida 33311-4803 [Zip Code]
("Property Address"):
TOGETHER WITH all- *e improvements now or hereafter erected on the property, and all
easements, aepurtenances, and flxtures n-ow gr hereafter a paq
of- the roperty. All -replac#ments and
-
additions shall also be .covered by this. Security Instrument. All of the TorBgofilg is refdrred to in this
Security Instrument as the and
Property." Borroyei qnderstands that KIERS holds
agre,s title
only.legal
ivithlaw
!8.3!Unttm? reed-!P. Bpfowf'213
MERS {as
8!.-ef,ri'Z Instrument, b#t. i( ne?essar?
for Lender and has
to
cmply exercise or
custgm, nomitjee Lejderrs sufcessorsand- assigns) ihe.rightft6 any
or all of those but riot limited to, the right to forecIose and sell die Property; and tb
take any action required of Lender including, but not limifed to, releasing and canceling -this- Security
Instrument.
C-G.
Initials:
-6A(FL)
-@
(0005).02 Page 3 of 16 Form 3010 1/01
ig
15791969 577016082
MIN
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.****
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Properly and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the
against all
Property
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jUIisdiction to constitute a uniform
security instrument covering real
property.
UNIFORM COVENANTS. Borrowerand Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment
Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant
Preview
**** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.**** IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY. FLORIDA GENERAL JURISDICTION DIVISION CASE NO. CACE22014275 WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE OF CSMC 2018-SP3 TRUST, Plaintiff, VS. THE UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF CHARLES S. DECEASED, et al. OR[FFIN, EBAE-3\ Defendant(s). ? OCT 252023 y By NOTICE OF FILING OnthisZ.Hday oi OO+0/ZCR 2023, Plaintiff, by and through its undersigned attorney hereby files: Original Note Original Mortgage ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Serv.iceTffflmailfras.com n Jamie EpsAp, Esquire MamiSadfEsi ? 92531 %9%44*I-t69][ jepstein@raslg.com No. Communicdtion Email: 1111111111111111111111111111111111111 PAGE 1 22-014367 **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.**** SERVICE LIST TONIE M. GRIFFIN 1851 NW 36TH AVE FORT LAUDERDALE, FL 333114108 GILBERT GRIFFIN, AS NOMINATED PERSONAL REPRESENTATIVE IN THE ESTATE OF CHARLES GRIFFIN, DECEASED 2511 NW 5TH ST POMPANO BEACH, FL 33069 GILBERT GRIFFIN 2511 NW 5TH ST POMPANO BEACH, FL 33069 GEORGE ALONSO GRIFFITH SR. 771 NW 22ND ROAD FORT LAUDERDALE, FL 33311 SUSAN CHAPMAN 2060 NW 48 TERRACE, APT 104 LAUDERHILL, FL 33313 PAGE 2 22-014367 **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.**** 577016082 ISMIN 1000153-05770160822 ADJUSTABLE RATE NOTE (1 Year Payment Option / 1 Month MTA Index / Monthly Adjustable Rate ARM) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. INCREASES AND DECREASES TO MY MONTHLY PAYMENT AND MY INTEREST RATE ARE LIMITED. THE PRINCIPAL AMOUNT TO REPAY COULD BE GREATER THAN THE AMOUNT ORIGINALLY BORROWED, BUT NOT MORE THAN THE LIMIT STATED IN THIS NOTE. A BALLOON PAYMENT MAY BE DUE AT MATURITY. August 15, 2007 Ft. Lauderdale Florida [Date] [City] [State] 1701 6TH AVENUE, NW, FORT LAUDERDALE, FL 33311-4803 [Property Address] 1. BORROWER' S PROMISE TO PAY In return for a loan that I have received, I promise to pay Two Hundred Seventy Seven Thousand Five Hundred and 00/100 Dollars (U.S.$277,500.00) plus any amounts added in accordancewith Sections 3 (C) and 3 (F) of this Note (this amount is called "Principal"),plus interest, to the order of the Lender. The Lender is Chevy Chase Bank,F.S.B. I understandthat the Lender may transfer this Note. The Lender or anyone who takes this Note by Transferand who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST (A) Interest Rate Interest will be charged on unpaid principal, including any deferred interest added to the unpaid principal (as described in Section 3 (C) below), until the full amount of principal has been paid. Until the first Interest Rate Change Date (as defined in Section 2 (B) below), I will pay interest at the yearly rate of 8.500%. The interest rate I will pay may change monthly. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 8 (B) of this Note. (B) Interest Rate Change Dates The interest rate I will pay may change on the first day of October, 2007 and on that , day every month thereafter. Each date on which my interest rate could change is called an "Interest Rate Change Date." The new rate of interest will become effective on each Interest Rate Change Date. (C) Interest Rate Limits My interest rate will never be greater than 11.900% My interest rate will never be less than the Margin as set forth in Section 2 (E) below. (D) The Index Beginning withthe first Interest Rate Change Date, my interest rate will be based on an Index. The "Index" is a Twelve Month Average of the monthly yields ("Monthly Average Yields") on United States Treasury securities adjusted to a constant maturity of one year ("MTA"), as made available by the Board of Governors of the Federal Reserve System in the Federal Reserve Statistical release NO. H. 15 entitled "Selected Interest Rates." The Twelve Month Average is determined by adding together the Monthly Average Yields for the preceding twelve months most recently available as of the date 15 days prior to the Interest Rate Change Date, and dividing the result by twelve. The most recent Index figure available as of the date 15 days before each Interest Rate Change Date is called the "Current Index." If the Index or any Index previously substituted under this Section 2 (D) is no longer available, or is otherwise unpublished,the Note Holder may choose a new Index and a new Margin to result in a rate similar to the rate in effect at that time which is based upon comparable information. The Note Holder will give me notice of the choice. CG. MTACFFL (115) Rev. 3/19/07 Page 1 of 5 15791965 **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.**** 577016082 MIN 1000153-05;4682-2 (IE) Calculation of Interest Rate Changes Before each Interest Rate Change Date, the Note Holder will calculate my new interest rate by adding Three and 500/1000 percentage points ( 3.500% ) (the "Margin") to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the interest rate limits stated in Section 2 (C) above, the rounded amount will be my new interest rate (the "Fully Indexed Rate") until the next Interest Rate Change Date. 3. PAYMENTS (A) Time and Place of Payments I will make my monthly payments, as described in Sections 3 (B) through 3 (F) below, on the first day of each month, but no sooner than thirty (30) days before each payment's due date, beginning on October 1, 2007 . I will make these payments every month until I have paid all of the principal and interest and any other charges describedbelow that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on September 1, 2047 I still owe amounts , under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make mymonthly payments at P.O. Box 17000, Baltimore, MD 21297-1000 orat a different place if required by the Note Holder. (B) Minimum Payment As of the date of this Note, my initial required "Minimum Payment" is $ 769.15. Unless the maximum principal balance is reached as set forth in Section 3 (F) because of deferred interest, this amount will remain the same for the first 12 monthly payments due under this Note. Thereafter, my Minimum is Payment subject change to as described in detail below. Notwithstanding the payment options set forth in Section 3 (E) below, I must make at least the Minimum Payment each month. My initial required Minimum Payment was calculated to equal an amount that would have been sufficient to repay the unpaid principal I owe in full on the Maturity Date in substantially equal payments using a minimum payment rate of 1.500% in lieu of the actual interest rate. This minimum payment rate is not the amount of interest that will be charged on my loan, but rather was used solely for calculatingthe initial required Minimum Payment. (C) to My Unpaid Principal My initial and future required Minimum Payments may be less than the amount of the interest charged during that month. If I choose to make only the Minimum Payment when that amount is less than the interest due, the Note Holder will subtract the amount of my payment from the amount of the interest due and will add the difference to my unpaid principal. This difference is known as "DeferredInterest." The Note Holder also will charge interest each month on any Deferred Interest that continuesto be part of my unpaid principal balance. The interest rate on the DeferredInterest added to principal will be the rate set forth in Section 2 of this Note. (D) Payment Changes My Minimum Payment will change under the following circumstances: (i) Payment Change Dates. My monthly Minimum Payment may change on the first day of October, 2008 and on that , same day every 12th month thereafter. Each of these dates is called a Date." Before each "Payment Change Payment Change Date, the Note Holder will calculate the amount of the monthly payment that would be sufficient to repay my unpaid principal in full on the Maturity Date in substantially equal installments at my new interest rate calculated pursuant to Section 2 (E) above. My new monthly Minimum Payment will be set equal to the recalculatedamount except that my new Minimum Payment will not be more than 7.500 percent greater or less than the amount of the last monthly payment that was due before the applicable Payment Change Date. (ii) Adjustment Dates. Notwithstanding Section 3 (D) 0) above, on the 10th Payment Change Date and on each 5th Payment Change Date thereafter, my Minimum Payment will be adjusted as explained above, except that the described 7.500 percent limitationwill not apply. (iii) Other Changes. My monthly payment may also change as described in Section (F) below. MTACFFL (115 ) 15791965 Rev. 3/19/07 Page 2 of 5 CG Forman, CLERK. 10/25/2023 **** FILED: BROWARD COUNTY, FL Brenda D. 4:30:00 PM.**** 577016082 MIN 1000153-057616082-2 (IE) Payment Options Additional payment options, such as: 0) fully-amortizing payment (i.e., a payment that would be a sufficient to repay the unpaid principal balance in full on the Maturity Date in substantiallyequal installmentsat the current Fully Indexed Rate); oi) an interest-only payment o.e., a payment equal to the interestaccrued on the principal balance at the Fully Indexed Rate) ; and, oii) a 15-year amortization option, may, at the Note Holder's discretion, be shown on my monthly statement. These payment options are shown for my convenienceand may change each month based on changes in the Index (as described in Section 2 (D) of this Note) and changes in the amount of my principal balance. Although none of these optional payments is required, a timely payment made in accordance with any payment option shown on my monthly statement will be deemed to be in compliancewith the terms of this Note. In all events, a payment option offered on my monthly statement will never be less than my Minimum Payment. (F) Payment Limitations In all events, my unpaid principal balance can never exceed a maximum of 115 percent of the principal amount I originallyborrowed (the "Maximum Amount"). If, based upon the that I will continue to assumption make my current Minimum Payment, the Note Holder determines that making my current Minimum Payment will my unpaid principal balance to exceed the Maximum Amount, then the Note Holder may calculate a cause new monthly Minimum Payment to prevent my principal balance from doing this. Thereafter, until otherwise changed in accordance with the terms of this Note, my new monthly Minimum Payment will be a fully-amortizingpayment calculated in accordance with Section 3(E)(i). 4. NOTICE OF CHANGES The Note Holder will deliver or mail to me a notice of any changes in the amount of my Minimum Payment before the effective date of any change. The notice will contain the interest rate or rates applicable to my loan for each month since the prior notice or, for the first notice, since the date of this Note, and the payment amount applicable to the loan. The notice will also include informationrequired by law to be given to me, and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. FAILURE TO MAKE ADJUSTMENTS If for any reason Note Holder fails to make adjustment to the interest rate an or payment amount as described in this Note, regardless of any notice requirement, I agree that Note Holder may, after discovery of such failure, make the adjustment as if it had been made on time. I also not to hold Note Holder agree responsible for any damages to me which may result from Note Holder's failure to make the adjustment and to let the Note Holder, at its option, apply any excess monies which I may have paid to partial Prepayment of unpaid principal. 6. BORROWER' S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a"Prepayment." When I make a Prepayment,I will tell the Note Holder in writing that I am doing so. I may not designatea payment as a Prepayment if I have not made all the monthly payments due under this Note. Unless otherwise stated in a Prepayment Penalty Addendum included in my loan documents, I may make a full Prepayment or partial Prepayments, without paying any Prepayment charge. The Note Holder will use all of my Prepayments to reduce the amount of principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, other amounts due and applicable fees before applying my Prepayment to reduce the principal that I owe under this Note. A partial Prepayment will not result in a change in the due dates of my monthly payments. 7. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges (the "Maximum Rate"), is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then, as my sole remedy (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me that exceeded MTACFFL (115 ) 15791965 Rev. 3/19/07 Page 3 of 5 CG TG **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.**** 577016082 MIN 1000153-05770160822 permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial Prepayment. 8. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen (15) calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the late charge will be five percent (5%) of my overdue payment. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver by Note Holder Even if, at a time when Iin default, the Note Holder does not require me to pay immediately in full am as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder hasrequired me to pay immediatelyin full as described above, the Note Holder will have theright to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 9. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above, or at a different address if I give the Note Holder a notice in writing of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3 (A) of this Note or at a different address if I am given a notice of that different address. 10. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise pay the to full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 11. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 12. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage,Deed of Trust or SecurityDeed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that MTACFFL (115 ) Rev. 3/19/07 Page 4 of 5 CG 15791965 **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.**** 577016082 .MIN 1000153-05770160822 mikht result if I do not keep the promises that I make in this Note. That Security Instrument describes how and underwhat conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of these conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by the Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of the Security Instrument. Lender shall also not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in the Security Instrument is acceptableto Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transfereeto sign an that is acceptable to Lender and that obligatesthe transferee to keep all the promises and agreements made in the Note and in the Security Instrument. Borrowerwill continue to be obligated under the Note and Security Instrumentunless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall Borrower give notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument. If the Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remediespermitted by the SecurityInstrumentwithout further notice or demand on Borrower. 13. DOCUMENTARY TAX The state documentary tax due on this note has been paid on the mortgage securing this indebtedness. Witness the Hand(s) and Seal(s) of the Undersigned. CHARLES GRIFFIN R-E-7 Date +ZML TONIE GRIFFIN CHwll, 8-is-7 Date Date Date **THIS LOAN IS SUBJECT TO A PREPAYMENT PENALTY. SEE ATTACHED PREPAYMENT PENALTY ADDENDUM TO NOTE** MTACFFL (115) Rev. 3/19/07 Page 5 of 5 15791965 **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.**** . 3 YEAR PREPAYMENT PENALTY ADDENDUM TO NOTE This Addendum is attached to and made part of that Note (the "Note") dated August 15, 2007 by and between CHARLES GRIFFIN and TONIE GRIFFIN ("Borrower(s)"), and Chevy Chase Bank, F.S.B. ("Lender" or "Note Holder"). To the extent that this Addendum conflicts with the Note, this Addendum shall control. Unless specifically defined otherwise, all capitalized terms shall have the meanings set forth in the Note. 1. The paragraph of the Note entitled "Borrower's Right to Prepay," is hereby deleted and replaced with the following: BORROWER'S RIGHT TO PREPAY (A) Prepayment I have the right to make payments of principal at any time before they are due. A "prepayment" is a payment of principal before it is due. (B) Partial or Full Prepayments I may make partial prepayments or a full prepayment. If the loan permits less than a fully-amortizing payment, a "partial prepayment" is any amount paid in a month that is greater than the interest due in such month. Otherwise, a "partial prepayment" is any amount paid in a month that is greater than the monthly payment due in such month. A "full prepayment" is a payment of the entire unpaid principal balance. (C) Prepayment Penalty During the first three (3) years of the loan term, if I make a full or partial prepayment, I will pay a prepayment penalty according to the schedule below if the total of all prepayments I have made during any 12-month period exceeds 20% of the original loan amount set forth in lhe Note (the "20% Threshold"). The prepayment penalty will apply only to that portion of the total of all such prepayment amounts that exceed the 20% Threshold. (D) Prepayment Penalty Schedule The prepayment penalty shall be an amount equal to six (6) months' advance interest on the amount prepaid in of excess the 20% Threshold. The interest rate applied to the prepayment shall be the interest rate in effect for the Note on the date of such prepayment. This prepayment penalty shall be in effect for the First Three Loan Years (lst month through 36th month). (IE) Notice When I make a full or partial prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a prepayment if I have not made all the monthly payments due under this Note. (F) Effect of a Partial Prepayment The Note Holder will use my prepayments to reduce my unpaid principal balance after deducting any prepayment penalty assessed, any applicable fees and amounts past due, and any accrued and unpaid interest. If I make a partial prepayment, there will be no change in my monthly payment due date. 2. Other than expressly set forth in this Addendum, the Note remains in full force and effect, as according to its terms. /*Mffjr<12.----t- CHARLES GRIFFIN 8-BOT Date IEZZEC. TONIE GRIFFIN dJR4/hi 815/07 Ddte Date Date D PPADD80%6mos3YR revised 7/3/06 15791968 **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.**** Servicer Number 0023005044 Loan Number: 419083492 ALLONGE TO NOTE Original Loan Amount: $277,500.00 Note Date: 08/15/2007 Borrower(s): CHARLES GRIFFIN AND TONIE GRIFFIN Property Address: 1701 6TH AVENUE NW FORT LAUDERDALE,FL 33311-4803 PAY TO THE ORDER OF WITHOUT RECOURSE CAPITAL ONE, N.A. AS SUCCESSOR IN INTEREST BY MERGER TO CHEVY CHASE BANK, F.S.B. LkLL Rletuh Authorized Signer Susan Schotsch VICE PRESIDENT CS001 404334433 DOCR T011811-05:01:05 [PREP-0] ALLONGE 1111111111111111111111111111111111111111111111111111111 **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/202§ 4:30:00 PM.**** 'Ii, \. Return To: INSTR.# 15%221, t Document Control Dept. / IXNSTXRK# '7501 Wisconsin Avenue Bethesda, MD 20814 OR.BKR-,,3YOCBOOM. RBRCQORADRED-D'7OJ MISSION i'i BDR00597025 ?N?TET-A? 505K57030. fi. 3335 IONP'iRK /M 71P.N. This document was prepared by: -MA SP Diana Aviles, Loan Closer Chevy Chase Bank, F.S.B. 7501 Wisconsin Avenue Bethesda, MD 20814 [Space Above This Line For Recording Data] MORTGAGE MIN DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated August 15, 2007 together with all Riders to this document. (B) "Borrower" is CHARLES GRIFFIN AND TONIE GRIFFIN, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is Chevy Chase Bank, F.S.B. FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Fonn 3010 1/01 ?-@ -6A(FL) (0005).02 C.G. 1 li li I l I l l Page 1 of 16 Initials: VMP Mortgage Solutions,Inc. T.G 15791969 577016082 **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.**** r Lender is a federally chartered savings bank organized and existing under the laws of the United States of America Lender's address is 7501 Wisconsin Avenue, Bethesda, MD 20814 (E) "Note" means the promissory note signed by Borrower and dated August 15, 2007 The Note states that Borrower owes Lender Two Hundred Seventy Seven Thousand Five Hundred and 00/100 Dollars (U.S. $ 277,500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2047 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the " Property. (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: X Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Rider Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealablejudicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that imposed on Borrower are or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "MiscellaneousProceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: O) damage to, or destruction of, the Property; Oi) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. Initials: C.G. 0-6A(FU Form 3010 1/01 (0005).02 Page 2 of 16 rS 15791969 577016082 MIN **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.**** (P) "RESPA" the Eeal Estate Settlemenrocedures Act (12 U.S.C. Section 2601 et seq.) and its means implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended froin time to tim,, o[ any additional or su@e-s-sor legislation or-regulation that governs the-same subject matter. As used in this-SecurityInstrument, "RESPA" -refers tp all re-quirements and restrictions that afe imposed in regard to a."fedfralltrejated mortgage loan" even if the Ldan does not qualify as a "federally rlated mortgage loan" under RESPA. (Q) "Successor in Interest-of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note ancFor this Security Instrunient. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County [Type of Recording Jurisdiction] of Broward [Name of RecordingJurisdiction]: LOT 12, BLOCK 4, PROGRESSO, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 18, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SUBJECT TO COVENANTS OF RECORD. Parcel ID Number: which currently has the address of 1701 6TH AVENUE, NW [Street] FORT LAUDERDALE [City], Florida 33311-4803 [Zip Code] ("Property Address"): TOGETHER WITH all- *e improvements now or hereafter erected on the property, and all easements, aepurtenances, and flxtures n-ow gr hereafter a paq of- the roperty. All -replac#ments and - additions shall also be .covered by this. Security Instrument. All of the TorBgofilg is refdrred to in this Security Instrument as the and Property." Borroyei qnderstands that KIERS holds agre,s title only.legal ivithlaw !8.3!Unttm? reed-!P. Bpfowf'213 MERS {as 8!.-ef,ri'Z Instrument, b#t. i( ne?essar? for Lender and has to cmply exercise or custgm, nomitjee Lejderrs sufcessorsand- assigns) ihe.rightft6 any or all of those but riot limited to, the right to forecIose and sell die Property; and tb take any action required of Lender including, but not limifed to, releasing and canceling -this- Security Instrument. C-G. Initials: -6A(FL) -@ (0005).02 Page 3 of 16 Form 3010 1/01 ig 15791969 577016082 MIN **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2023 4:30:00 PM.**** BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Properly and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the against all Property claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jUIisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrowerand Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant